Gun bill dubbed ‘House File 007′ criticized by Iowa law enforcement

Iowa law enforcement officials this morning blasted a proposal that would allow people to shoot to kill to defend themselves, without first trying to flee, even if they’re not at home or their workplace.

A prosecutor said his coworkers refer to it as “House File 007, license to kill.”

The bill before the Iowa Legislature would let Iowans who face serious injury or death to fight back or kill when they’re “any place they have the legal right to be.”

Iowans can already use deadly force to repel deadly force, but this state law currently applies only when people are defending their home or workplace, according to Republican lawmakers who support the bill. Several prosecutors, police and lawyers criticized House File 7 during a public safety subcommittee meeting at the Capitol today.

“We’ve got some real concerns,” said Steve Foritano, an assistant Polk County attorney. “It’s going to be a huge problem for law enforcement and I don’t think it’s necessary. Current law works.”

People have a responsibility to avoid conflict if they can, under the current law, said Jeff Noble, an assistant Polk County Attorney. “This is a big philosophical shift,” he said.If someone feels threatened by someone who is drunk or mentally ill — and it’s those people who are often at the center of conflicts — the law would no longer send a message of de-escalation, but a message to stand your ground, Noble said.

As more and more Iowans seek permits to carry guns, Noble said he worries there will be more confrontations.

The bill has strong support in the Republican-dominated Iowa House, said Rep. Clel Baudler, R-Greenfield. But its prospects in the Democrat-controlled Iowa Senate are unclear.

As long as people are not engaged in illegal activities and did not provoke the attack, they could fight to protect themselves, the bill proposes. This means there would be no “duty to retreat.”

And there would be no consequences for those who use reasonable force, the bill says. They would be immune from any criminal prosecution or civil action, it says.It goes on to say that if someone is sued for using force, then later found not liable by a civil court or jury, the plaintiff would have to pay for the person’s attorney fees, court costs, loss of any income and “any other expenses incurred as a result of being arrested and charged.”

“It’s about being able to protect yourself from a third party without fear of prosecution,” said state Rep. Matt Windschitl, R-Missouri Valley.

Rep. Bob Kressig, D-Cedar Falls, asked what would happen if a person kills someone thought to be a threat when “actually it’s the next door neighbor coming over to borrow a cup of sugar.” “The neighbor should’ve knocked first,” Windschitl answered with a grin. He added that the proposal would not exempt people from liability if prosecutors and a court feels the force was excessive.

The bill would also let people use force to “prevent the commission of a forcible felony.”

Ross Loder of the Iowa Department of Public Safety said the problem with that is that it would be very hard for Iowans to know whether a forcible felony is taking place — there’s a fine line between lesser crimes, depending on the circumstances.

For example, voluntary sex between an 18-year-old and a 13-year-old is a forcible felony, so an Iowan would be justified in using deadly force to prevent that crime under this bill. But it’s not a forcible felony if the sex involves an 18-year-old and a 14-year-old, Loder said.

Stewart Barnes of the Iowa State Police Association said his group opposes the bill.

Chris Rager, a lobbyist for the National Rifle Association, said he’s pushing for a different version of this legislation, but it would have the same goal: Self-defense outside the home, where most violent attacks occur.

“Predatory criminals have the ability to force people to unnecessarily retreat,” Rager said. “We’re shifting the risk from someone innocently forced into self defense to the aggressor.”

The bill has not yet received any legislative approvals; it remains in subcommittee in the Iowa House.

NO PERMIT NEEDED: Iowans would be able to skip the permit-to-carry process altogether under House Study Bill 16.

CONSTITUTIONAL RIGHT TO BEAR ARMS: The process to amend the state constitution to enshrine the right to keep and bear arms would begin under House Study Bill 17.

GUNS AND STATE EMERGENCIES: State officials could not confiscate lawfully-possessed firearms during a state of public disorder or disaster emergency proclamation under House Study Bill 18.

NO STRICTER GUN LAWS IN CITIES OR COUNTIES: Cities and counties couldn’t pass an ordinance, resolution or any rule after April 4 that prevents people with a legal permit to carry a gun from bringing their weapon onto public properties, under House Study Bill 19.